Make sure you’re not being asked to say something that you don’t believe or to testify to facts you haven’t observed. If it can be proven that you lied in an affidavit, you can be prosecuted for perjury. Since the affidavit will be filed as part of the case, it will become a public record that anyone can access later. A copy also will be provided to the other side in the custody dispute. Find out the issues involved. You know that custody is being contested. You should also understand why, so you can stick to the facts that will be relevant to resolving the contested issues. For example, if custody is contested because one parent claims the other is an alcoholic, any information included in your affidavit should focus on that issue. If you introduce extraneous matters, you’re wasting the court’s time. [1] X Research source
Depending on what you say, the attorney may ask you for supporting documents or other evidence to corroborate your statement. [2] X Research source For example, suppose you’re the child’s baseball coach and you’re discussing the parent’s involvement in the child’s activities. You mention that the parent often kept score at games. The attorney might ask to see score sheets his client completed.
Since an attorney has drafted your affidavit, s/he probably will provide a notary public and arrange for you to sign your affidavit, usually in the attorney’s office.
You need to know this so you can include in the affidavit only relevant information. If your observations are not relevant to anything at issue in the case, they won’t be admissible. For example, suppose your friend’s custody of her child is being challenged by the child’s father, who alleges that your friend is abusive. Focus in the affidavit on observations you’ve made that tend to demonstrate your friend is not abusive to her child. [4] X Research source
The heading information at the top of the first page of the affidavit is called the “caption. " Usually it includes the name of the court, the names of the parties, and the case number. The content and format of the caption should remain the same in all documents filed in the case. Thus you could simply copy the caption of one of the other documents. [6] X Research source
Use a previously filed document in the case as a guide for how to format the title, as document-formatting preferences differ from one court to the next. Generally, titles are centered and in bold-face type. Some courts prefer the title to be in all capital letters or underlined.
You may use traditional, formal court language if you prefer, which is “Comes now [your name], a nonparty, and states as follows:” followed by numbered statements. Each numbered statement typically covers one subject. It may be one sentence or several. Make a statement regarding your belief that the person for whom you’re writing the affidavit has a good moral and ethical character.
For example, if you are the child’s baseball coach and have observed the parent interact with the child at games and practices, you might mention how long you’ve been a youth baseball coach and approximately how many other parent-child relationships you’ve observed.
Follow the general writing advice: “show, don’t tell. " Show the court specific facts or instances that illustrate the good character of the person, rather than simply saying the person has a good reputation, or that in your opinion s/he has strong morals. Stay away from vague statements such as “Dad is an actively involved parent. " Instead, provide specific instances of Dad’s active involvement. For example, if you’re the child’s baseball coach, you might mention that Dad comes to every practice and every game and also helps the team in the dugout. [9] X Research source Be cautious of citing facts that might not be seen as demonstrating good moral character. For example, you may believe that active membership in a church is evidence of good moral character, but that would not necessarily be persuasive evidence in the eyes of someone of a different spiritual temperament. Be objective. Rather than setting forth church membership as evidence of character, talk about the things the person did through the church. For example, building a house for a needy family or operating a canned-food drive might be seen as indicating good character. Try your best to remain balanced. If you know of positive attributes of the other parent, include that information, too. Entirely one-sided affidavits may raise suspicions. [10] X Research source Avoid trying to make the person look like a saint. Nobody’s perfect. If you list only positive and glowing traits of your friend, your affidavit won’t be very credible. If you know of weaknesses, include those as well. It will make your affidavit more persuasive. [11] X Research source For example, suppose the child’s father alleges that the child’s mother, your friend, is an alcoholic. If you know that she sometimes drinks, occasionally to excess, you should include that information. Doing so will lend authenticity to your statement. Remember that you are writing your affidavit under oath.
Include a statement such as “I swear the information contained above is true and correct to the best of my knowledge and belief. " Leave enough space beneath the above statement for your signature and date. Under that, type your name, address, telephone number, and email address.
The exact format and space needed for a notary block vary from state to state. Search online to find the form you need for your state, and then copy it onto your affidavit. [12] X Research source
Many banks have a notary available to their customers for free. You can also find a notary service at some private businesses such as check-cashing companies, or at your local courthouse. These notaries typically charge a small fee for their services.
